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Articles 61 - 88 of 88
Full-Text Articles in Entire DC Network
Accounting For Greed: Unraveling The “Rogue Trader” Mystery, Kimberly D. Krawiec
Accounting For Greed: Unraveling The “Rogue Trader” Mystery, Kimberly D. Krawiec
Faculty Scholarship
In this article, I analyze the motivations underlying the actions of "rogue traders" - market professionals who engage in unauthorized purchases or sales of securities, commodities or derivatives, often for a financial institution's proprietary trading account - and the motivations of the managers or supervisors who are assigned to oversee such traders. After beginning with the observation that rogue trading incidents are neither new nor isolated events, I argue that the continued existence of pervasive rogue trading has remained a mystery for industry observers, particularly given both the extensive legal regime and formal institutional policies apparently designed to curb such …
The Jurisdiction Of The International Criminal Court Over Nationals Of Non-Party States, Madeline Morris
The Jurisdiction Of The International Criminal Court Over Nationals Of Non-Party States, Madeline Morris
Faculty Scholarship
This article questions the validity under international law of the provisions of the Treaty for an International Criminal Court (ICC) that purport to give the ICC jurisdiction over nationals of states that are not parties to the Treaty. The article examines two facially plausible theories for the validity of ICC jurisdiction over non-party nationals: that the ICC may exercise universal jurisdiction delegated to it by states parties, and that the ICC may exercise territorial jurisdiction delegated to it by states parties. Each of those theories is found to be flawed. The article then questions whether there is in fact any …
The End Of Innocence: Rethinking Noncombatancy In The Post-Kosovo Era, Charles J. Dunlap Jr.
The End Of Innocence: Rethinking Noncombatancy In The Post-Kosovo Era, Charles J. Dunlap Jr.
Faculty Scholarship
The protection of civilians and their property in war is an accepted norm of international law - even where the putatively "noncombatant" populace openly supports the immoral use of force by its military. NATO's Kosovo operation suggests, however, that the imposition of hardship on the sentient, adult "noncombatant" population through property loss can erode a society's appetite for malevolence. While civilians should not be targeted, a new paradigm for noncombatancy that allows the destruction of certain property currently protected by international law but not absolutely indispensable to civilian survival may well help shorten conflict and effect necessary societal change.
Constitutional Design: An Oxymoron?, Donald L. Horowitz
Constitutional Design: An Oxymoron?, Donald L. Horowitz
Faculty Scholarship
No abstract provided.
Rights, Rules And The Structure Of Constitutional Adjudication: A Response To Professor Fallon, Matthew D. Adler
Rights, Rules And The Structure Of Constitutional Adjudication: A Response To Professor Fallon, Matthew D. Adler
Faculty Scholarship
Constitutional doctrine is typically rule-dependent. A viable constitutional challenge typically hinges upon the existence of a discriminatory, overbroad, improperly motivated, or otherwise invalid rule, to which the claimant has some nexus. In a prior article, Prof. Adler proposed one model of constitutional adjudication that tries to make sense of rule-dependence. He argued that reviewing courts are not vindicating the personal rights of claimants, but rather are repealing or amending invalid rules. IN a Commentary in this issue, Professor Fallon now puts forward a different model of constitutional adjudication, equally consistent with rule-dependence. Fallon proposes that a reviewing court should overturn …
Expressive Theories Of Law: A Skeptical Overview, Matthew D. Adler
Expressive Theories Of Law: A Skeptical Overview, Matthew D. Adler
Faculty Scholarship
An "expressive theory of law" is, very roughly, a theory that evaluates the actions of legal officials in light of what those actions mean, symbolize, or express. Expressive theories have long played a role in legal scholarship and, recently, have become quite prominent. Elizabeth Anderson, Robert Cooter, Dan Kahan, Larry Lessig, and Richard Pildes, among others, have all recently defended expressive theories (or at least theories that might be characterized as expressive). Expressive notions also play a part in judicial doctrine, particularly in the areas of the Establishment Clause and the Equal Protection Clause.
This paper attempts to provide a …
Personal Rights And Rule Dependence: Can The Two Co-Exist?, Matthew D. Adler
Personal Rights And Rule Dependence: Can The Two Co-Exist?, Matthew D. Adler
Faculty Scholarship
Constitutional doctrine is typically "rule-dependent." Typically, a constitutional litigant will not prevail unless she can show that a particular kind of legal rule is in force, e.g., a rule that discriminates against "suspect classes" in violation of the Equal Protection Clause, or that targets speech in violation of the First Amendment, or that is motivated by a religious purpose in violation of the Establishment Clause. Further, the litigant must typically establish a violation of her "personal rights." The Supreme Court has consistently stated that a reviewing court should not invalidate an unconstitutional governmental action at the instance of a claimant …
Linguistic Meaning, Nonlinguistic “Expression,” And The Multiplevariants Of Expressivism: A Reply To Professors Anderson And Pildes, Matthew D. Adler
Linguistic Meaning, Nonlinguistic “Expression,” And The Multiplevariants Of Expressivism: A Reply To Professors Anderson And Pildes, Matthew D. Adler
Faculty Scholarship
No abstract provided.
Rights And Rules: An Overview, Matthew D. Adler, Michael C. Dorf
Rights And Rules: An Overview, Matthew D. Adler, Michael C. Dorf
Faculty Scholarship
No abstract provided.
Book Review: The Problematics Of Moral And Legal Theory, Matthew D. Adler
Book Review: The Problematics Of Moral And Legal Theory, Matthew D. Adler
Faculty Scholarship
Reviewing, Richard A. Posner, The Problematics of Moral and Legal Theory (1999)
Alden V. Maine’ And The Jurisprudence Of Structure, Ernest A. Young
Alden V. Maine’ And The Jurisprudence Of Structure, Ernest A. Young
Faculty Scholarship
No abstract provided.
Constitutional Avoidance, Resistance Norms, And The Preservation Of Judicial Review, Ernest A. Young
Constitutional Avoidance, Resistance Norms, And The Preservation Of Judicial Review, Ernest A. Young
Faculty Scholarship
No abstract provided.
Hercules, Herbert, And Amar: The Trouble With Intratextualism, Ernest A. Young, Adrian Vermeule
Hercules, Herbert, And Amar: The Trouble With Intratextualism, Ernest A. Young, Adrian Vermeule
Faculty Scholarship
Commentary on, Akhil Reed Amar, Intratextualism, 112 Harvard Law Review 747 (1999).
Comparing Race And Sex Discrimination In Custody Cases, Katharine T. Bartlett
Comparing Race And Sex Discrimination In Custody Cases, Katharine T. Bartlett
Faculty Scholarship
No abstract provided.
Comparing The Scope Of The Federal Government’S Authority To Prosecute Federal Corruption And State And Local Corruption: Some Surprising Conclusions And A Proposal, Sara Sun Beale
Faculty Scholarship
No abstract provided.
Brands Vs. Generics: Self-Regulation By Competitors, James D. Cox
Brands Vs. Generics: Self-Regulation By Competitors, James D. Cox
Faculty Scholarship
No abstract provided.
Few Reservations About Reservations, Madeline Morris
Few Reservations About Reservations, Madeline Morris
Faculty Scholarship
No abstract provided.
Enforcement And Countermeasures In The Wto: Rules Are Rules - Toward A More Collective Approach, Joost H. B. Pauwelyn
Enforcement And Countermeasures In The Wto: Rules Are Rules - Toward A More Collective Approach, Joost H. B. Pauwelyn
Faculty Scholarship
No abstract provided.
Evolving Scientific Norms And Intellectual Property Rights: A Reply To Kieff, Arti K. Rai
Evolving Scientific Norms And Intellectual Property Rights: A Reply To Kieff, Arti K. Rai
Faculty Scholarship
No abstract provided.
The Puzzling Case Of The Revenue-Maximizing Lottery, Lawrence A. Zelenak
The Puzzling Case Of The Revenue-Maximizing Lottery, Lawrence A. Zelenak
Faculty Scholarship
Familiarity with state lotteries obscures their strangest characteristic-that they are designed to extract as much revenue as possible from lottery consumers. States do not attempt to wring as much revenue as possible from the consumers of any other product, either through government monopolies or through revenue-maximizing taxation. In this article, Prof. Zelenak considers various possible justifications for the uniquely unfavorable treatment of lottery consumers. The article concludes that the special state treatment of lotteries cannot be justified by efficiency analysis, distributional effects, or historical precedent. The article notes, however, that the previous illegality of lotteries meant that lotteries could be …
Grandparent Visitation: Best Interests Test Is Not In Child’S Best Interests, Katharine T. Bartlett
Grandparent Visitation: Best Interests Test Is Not In Child’S Best Interests, Katharine T. Bartlett
Faculty Scholarship
No abstract provided.
Comparing Race And Sex Discrimination In Custody Cases, Katharine T. Bartlett
Comparing Race And Sex Discrimination In Custody Cases, Katharine T. Bartlett
Faculty Scholarship
No abstract provided.
Cruel, Mean, Or Lavish? Economic Analysis, Price Discrimination And Digital Intellectual Property, James Boyle
Cruel, Mean, Or Lavish? Economic Analysis, Price Discrimination And Digital Intellectual Property, James Boyle
Faculty Scholarship
No abstract provided.
Virtual Arbitration, Paul D. Carrington
Some Key Jurisprudential Issues Of The Twenty-First Century, George C. Christie
Some Key Jurisprudential Issues Of The Twenty-First Century, George C. Christie
Faculty Scholarship
No abstract provided.
Recent Efforts To Change Discovery Rules: Advice For Draftsmen Of Rules For State Courts, Paul D. Carrington
Recent Efforts To Change Discovery Rules: Advice For Draftsmen Of Rules For State Courts, Paul D. Carrington
Faculty Scholarship
No abstract provided.
Book Review, Charles J. Dunlap Jr.
Civil Challenges To The Use Of Low-Bid Contracts For Indigent Defense, Margaret H. Lemos
Civil Challenges To The Use Of Low-Bid Contracts For Indigent Defense, Margaret H. Lemos
Faculty Scholarship
In recent years, increasing attention has been directed to the problem of adequate representation for indigent criminal defendants. While overwhelming caseloads and inadequate funding plague indigent defense systems of all types, there is a growing consensus in the legal community that low-bid contract systems-under which the state or locality's indigent defense work is assigned to the attorney willing to accept the lowest fee-pose particularly serious obstacles to effective representation. In this Note, Margaret Lemos argues that the problems typical of indigent defense programs in general-and low-bid contract systems in particular-can and should be addressed through § 1983 civil actions alleging …